Offence to make compensation payment after receiving preliminary notice or recovery notice
1184D Offence to make compensation payment after receiving preliminary notice or recovery notice
If a person (the potential compensation payer) has been given a notice under section 1182 or 1184 in relation to the payment of compensation to a person, the potential compensation payer must not make the compensation payment to the person.
Penalty: Imprisonment for 12 months.
Subsection (1) does not apply if:
in the case of a notice under section 1182—the Secretary has given the potential compensation payer written notice that the notice under section 1182 is revoked; or
in the case of a notice under section 1184—the potential compensation payer has paid to the Commonwealth the amount specified in the notice; or
the Secretary has given the potential compensation payer written permission to pay the compensation.
If an insurer has been given a notice under section 1182 or 1184 in relation to the insurer’s liability to indemnify a compensation payer, the insurer must not make any payment to the compensation payer in relation to that liability.
Penalty: Imprisonment for 12 months.
Subsection (2) does not apply if:
in the case of a notice under section 1182—the Secretary has given the insurer written notice that the notice under section 1182 is revoked; or
in the case of a notice under section 1184—the insurer has paid to the Commonwealth the amount specified in the notice; or
the Secretary has given the insurer written permission to pay the amount.
Strict liability applies to an element of an offence against subsection (1) or (2) that:
a notice is a notice under section 1182; or
a notice is a notice under section 1184.
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